SMP and freelance work at the same company

[BelStone]

Does anyone know whether I can claim SMP during maternity leave as well as carrying out project wprk for that same employer and invoicing them as a freelancer/self employed?

I've read that I can do self employed work whilst on maternity leave and still claim SMP from my employer but does the self employed work have to be for a company other that the one I'm claiming SMP from. For exmple I plan to take 8 months maternity leave and during that time 2 or 3 projects that I always manage where I currently work will crop up that I'd like to work on and get paid for. If my employer agrees is this a proposal worth pursuing?

Hoping this makes sense....!

Thanks in advance :)
B

The most important criteria would be that it is genuine self-employment, and I think the chances of HMRC thinking work you do for your existing employer is genuine self employment rather than trying to get round the rules are slim-to-none.

Thanks so much for your reply - that's kind of what I thought. I just can't believe the options are so slim and chances to earn money while on maternity leave are so restrictive. Do you know anywhere I could visit or anyone I could speak to that I could find out for sure?

The whole point of maternity leave is that it's leave, ie you shouldn't be working, and your employer and HMRC have to fund SMP in order that you can take time off. If you want to work there are options - you can always go back to work with your current employer, perhaps on reduced hours doing the project work you mention, or to a different job, or be genuinely self-employed doing something else.

I can assure you what I've said is accurate but you could always ring HMRC, and ask them whether working for your employer could be considered self employment and therefore doable while also claiming SMP. There's nothing stopping you doing what you want to do, but you just can't claim SMP at the same time.